Is The Deck Stacked Against Patent Owners In The PTAB?
Enforcement Challenges For Biotech Patents
The Future of Patent Damages
Is the Patent Litigation Boom Coming to an End?
IP|Trend: Inter Partes Review: What to Consider When Filing Your Petition
How This Investment Firm Hopes to Revolutionize Litigation in America
Ropes & Gray: Advantages of the Patent Trial and Appeal Board
Post-Grant Insights: The Significance of a Three-Judge Panel
IP|Trend: The Importance of Consumer Surveys in Patent Litigation
Post-Grant Insights: The Need for Seamless Coordination of District Court & PTAB Litigation
IP|Trend: Inter Partes Review: Is it Litigation or Something Else?
Post-Grant Insights: The Preparation and Pace of the PTAB
Controlling the Cost of Patent Litigation
Post-Grant Insights: The Impact of PTAB Appeals on the Federal Circuit
Post-Grant Insights: Key Considerations in PTAB Oral Hearings
What are the Implications of Alice v. CLS?
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Track One and the Patent Prosecution Highway
The Intersection Between Intellectual Property Law and Employment Law
Lessons from Nautilus v. Biosig at the Supreme Court
There is little debate that inter partes reviews have proven to be an effective means of challenging the validity of a patent. During the first two-and-a-half years, more than 73 percent of claims originally challenged in IPR...more
Note: This coverage of a district court case from last year provides an overview of the patented invention, as well as the decision currently being appealed to the Federal Circuit. In a subsequent article, we will review the...more
New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015.
As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Teijin Ltd. et al. v. Macleods Pharmaceuticals Ltd. et al. 1:15-cv-00454; filed June 4, 2015 in the District Court of...more
In 2008, the Federal Circuit determined that claims 1-4 and 11-17 of U.S. Patent No. 5,760,068 were invalid for obviousness-type double patenting (OTDP) over a related parent patent, in part because the ‘068 patent was filed...more
As we have discussed, the proposed PATENT Act contains provisions that alter many facets of IPR proceedings. One of those potential changes is a new ability to include affidavits or declarations of supporting evidence and...more
Motion to Dismiss Willful Infringement Claims granted, Monolithic Power Systems, Inc. v. Silergy Corporation, No. 14-cv-01745-VC (J. Chhabria) -
This case centers around three patents which, according to Monolithic...more
The More Things Change (Lighting Ballast Control LLC v. Philips Electronics North America), the More They Stay the Same (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.) -
On June 18, 2015, the Federal Circuit handed down...more
OIP Technologies v. Amazon.com and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business method patent lawsuits on the pleadings. In these decisions, the courts are...more
Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more
An en banc decision from the Federal Circuit last week overruled a line of cases governing the interpretation of functional claim language, calling into question how courts, the PTO, and industry will treat such language in...more
In this Presentation:
- Patentability of Computer-implemented Business Methods – A Recap
- Research Affiliates v Commissioner of Patents
- RPL Central v Commissioner of Patents
- The Global Context:...more
On May 26, 2015, in the case of Commil USA, LLC v. CISCO Systems, Inc., the U.S. Supreme Court answered the question of whether a good-faith belief that a patent is invalid shields a party from committing induced...more
Politico, the popular political journalism publication, recently ran the story “Patent Reform Advocates: PTO Process Not Patent ‘Death Squad.’” The story was based on a blog post by patent reform advocate Unified Patents. ...more
Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is...more
On Monday, June 22, 2015, the U.S. Supreme Court issued a 6-3 decision in Kimble v. Marvel Entertainment, declining to reverse longstanding, yet controversial, precedent holding post-patent term royalties to be unlawful per...more
In Williamson v. Citrix Online, LLC, No. 2013-1130, the Federal Circuit recently overruled earlier precedent and eliminated the “strong” presumption that a functional claim limitation lacking “means” language does not invoke...more
To date, the Federal Circuit has weighed in on 15 PTAB decisions from inter partes review proceedings. In 3 of the 15 decisions, the Federal Circuit has issued a substantive opinion:
1) In re Cuozzo Speed Technologies –...more
In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements...more
Today, the Federal Circuit issued a ruling in Lighting Ballast v. Philips on remand from the Supreme Court after the Teva decision changed the standard of review of a district court’s claim construction. One of the more...more
In an important decision for patent licensing freedom, on June 22, 2015, the United States Supreme Court cleared the way for spreading patent royalty payments after the expiration of patents, in some simple and other complex...more
Since late last year, the main theme of many 35 U.S.C. § 101 disputes has been whether claims under review are more like those in Ultramercial Inc. v. Hulu LLC or DDR Holdings, LLC v. Hotels.com. In the former case, the...more
In July of 2013, I wrote a blog post about the Ninth Circuit Court of Appeal’s decision in Kimble v. Marvel Entertainment LLC and its effect upon royalty provisions in hybrid IP license agreements. (...) By “hybrid” I am...more
Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more
Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more
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